Stay at home parents often feel they are at a disadvantage in a divorce. They may worry that a court will not recognize their non-economic contributions to the marriage.
Laws differ between states, but all states recognize the value of child rearing and homemaking when deciding on property division and child support. The children’s best interests always guide custody decisions, and being a stay-at-home parent could be an advantage when a judge must decide where the children will live. A skilled family law attorney can help you navigate a divorce when you’re a stay at home parent.
Properly Valuing Your Contributions
Any income either spouse earns during the marriage is the property of the marriage and both spouses are entitled to a share. Anything either spouse acquired during the marriage, except through a gift or inheritance, is also part of the marital property. Debt acquired during the marriage is marital property too.
Most states, including Georgia, require assets and debts to be divided fairly but not necessarily equally. You might assume that if one spouse earns the money they will get more of the marital property, but that is not necessarily the case. If you supported your spouse while they were getting an education, or prioritized caring for a home and family over education and career, a court will take those contributions into account.
Working with a skilled and experienced family law attorney is critical in these cases. If you cannot reach an acceptable property settlement with your spouse, they can ensure that the family court judge recognizes and appropriately values your contributions to your household as a stay at home parent.
Full-Time Parents Can Seek Spousal Support
A financially dependent spouse can apply for post-divorce support, and a family court will often grant it. In most states, there is a presumption that a spouse will become self-supporting over time, although permanent alimony is sometimes possible if the receiving spouse’s age or health requires it.
If you have focused on family rather than career during your marriage you may need support while you continue to care for your children. A member of our family law team might argue that your spouse should support you until the children have all left home, or at least until the youngest attends school full-time. If you require additional education or training to become self-supporting, the court should allow time for that in the spousal support order.
Family Courts Value Stability for Children
Every state uses the same standard for custody decisions—the family court judge will choose the custody arrangement that serves the best interests of the children. Some states have statutes explaining the standard or listing factors the judge could consider.
Family courts often consider a parent’s familiarity with the children’s needs, consistency and structure, and commitment to the children’s welfare when making custody decisions. As a stay at home parent you have de-emphasized outside interests to focus on home and family, and courts will often note that favorably when deciding on custody.
Contact a Family Law Attorney for Advice on Divorcing as a Stay At Home Parent
The decision to divorce is often difficult and may be more so if you’re worried about the financial consequences. With skilled legal representation, you can leave your marriage and continue to care for your children full-time if you choose.
Navigating divorce as a stay at home parent has its challenges, but they can be overcome. Our legal team can provide the advice and support you need. Get in touch with one of our intake specialists today.
